Book Eighty Six – The Book on Tricks

Hadith Number 085.

Narrated by 'Umar bin Al-Khattab (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, 'O people! The reward of deeds depends upon the intentions, and every person will get the reward according to what he has intended. So, whoever emigrated for Allah and His Messenger, then his emigration was for Allah and His Messenger, and whoever emigrated to take worldly benefit or for a woman to marry, then his emigration was for what he emigrated for."


Hadith Number 086.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "Allah does not accept prayer of anyone of you if he does Hadath (passes wind) till he performs the ablution (anew)."


Hadith Number 087.

Narrated by Anas (Radhi Allahu Anhu): That Abu Bakr (Radhi Allahu Anhu) wrote for him, Zakat regulations which Allah's Messenger (Sallallahu Alayhi wa Sallam) had made compulsory, and wrote that one should neither collect various portions (of the property) nor divide the property into various portions in order to avoid paying Zakat.


Hadith Number 088.

Narrated by Talha bin 'Ubaidullah (Radhi Allahu Anhu): A Bedouin with unkempt hair came to Allah's Messenger (Sallallahu Alayhi wa Sallam) and said, "O Allah's Messenger! Tell me what Allah has enjoined on me as regards prayers." The Prophet (Sallallahu Alayhi wa Sallam) said, "You have to offer perfectly the five (compulsory) prayers in a day and a night (24 hrs.), except if you want to perform some extra optional prayers." The Bedouin said, "Tell me what Allah has enjoined on me as regards fasting." The Prophet (Sallallahu Alayhi wa Sallam) said, "You have to observe fast during the month of Ramadan except if you fast some extra optional fast." The Bedouin said, "Tell me what Allah has enjoined on me as regard Zakat." The Prophet (Sallallahu Alayhi wa Sallam) then told him the Islamic laws and regulations whereupon the Bedouin said, "By Him Who has honored you, I will not perform any optional deeds of worship and I will not leave anything of what Allah has enjoined on me." Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "He will be successful if he has told the truth (or he will enter Paradise if he said the truth)." And some people said, "The Zakat for one-hundred and twenty camels is two Hiqqas, (*) and if the Zakat payer slaughters the camels intentionally or gives them as a present or plays some other trick in order to avoid the Zakat, then there is no harm (in it) for him.

* Al-Hiqqa is a she-camel that has completed its third year in age.


Hadith Number 089.

Narrated by Abu Hurairah (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "On the Day of Resurrection the Kanz (Treasure or wealth of which, Zakat has not been paid) of anyone of you will appear in the shape of a huge bald headed poisonous male snake and its owner will run away from it, but it will follow him and say, 'I am your Kanz.'" The Prophet (Sallallahu Alayhi wa Sallam) added, "By Allah, that snake will keep on following him until he stretches out his hand and let the snake swallow it." Allah's Messenger (Sallallahu Alayhi wa Sallam) added, "If the owner of camels does not pay their Zakat, then, on the Day of Resurrection those camels will come to him and will strike his face with their hooves." Some people said: Concerning a man who has camels, and is afraid that Zakat will be due so he sells those camels for similar camels or for sheep or cows or money one day before Zakat becomes due in order to avoid payment of their Zakat cunningly! "He has not to pay anything." The same scholar said, "If one pays Zakat of his camels one day or one year prior to the end of the year (by the end of which Zakat becomes due), his Zakat will be valid."


Hadith Number 090.

Narrated by Ibn Abbas (Radhi Allahu Anhuma): Sa'd bin 'Ubada Al-Ansari sought the verdict of Allah's Messenger (Sallallahu Alayhi wa Sallam) regarding a vow made by his mother who had died before fulfilling it. Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "Fulfill it on her behalf." Some people said, "If the number of camels reaches twenty, then their owner has to pay four sheep as Zakat; and if their owner gives them as a gift or sells them in order to escape the payment of Zakat cunningly before the completion of a year, then he is not to pay anything, and if he slaughters them and then dies, then no Zakat is to be taken from his property."


Hadith Number 090.

Narrated by 'Abdullah: Nafi' narrated to me that 'Abdullah (Radhi Allahu Anhu) said that Allah's Messenger (Sallallahu Alayhi wa Sallam) forbade the Shighar. I asked Nafi', "What is the Shighar?" He said, "It is to marry the daughter of a man and marry one's daughter to that man (at the same time) without Mahr (in both cases); or to marry the sister of a man and marry one's own sister to that man without Mahr." Some people said, "If one, by a trick, marries on the basis of Shighar, the marriage is valid but its condition is illegal." The same scholar said regarding Al-Mut'a, "The marriage is invalid and its condition is illegal." Some others said, "The Mut'a and the Shighar are permissible but the condition is illegal."


Hadith Number 091.

Narrated by Muhammad bin 'Ali: 'Ali was told that Ibn 'Abbas (Radhi Allahu Anhum) did not see any harm in the Mut'a marriage. 'Ali said, "Allah's Messenger (Sallallahu Alayhi wa Sallam) forbade the Mut'a marriage on the Day of the battle of Khaibar and he forbade the eating of donkey's meat." Some people said, "If one, by a tricky way, marries temporarily, his marriage is illegal." Others said, "The marriage is valid but its condition is illegal."


Hadith Number 092.

Narrated by Abu Hurairah (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "One should not prevent others from watering their animals with the surplus of his water in order to prevent them from benefiting by the surplus of grass."


Hadith Number 093.

Narrated by Ibn 'Umar (Radhi Allahu Anhuma): Allah's Messenger (Sallallahu Alayhi wa Sallam) forbade the practice of An-Najsh. (*)

* At-Tanajush or Najsh means the trick of offering a very high price for a thing to allure somebody else to buy it although it is not worth such a high price.



Hadith Number 094.

Narrated by 'Abdullah bin 'Umar (Radhi Allahu Anhuma): A man mentioned to the Prophet (Sallallahu Alayhi wa Sallam) that he had always been cheated in bargains. The Prophet (Sallallahu Alayhi wa Sallam) said, "Whenever you do bargain, say, 'No cheating.'"


Hadith Number 095.

Narrated by 'Urwa: That he asked 'Aishah (Radhi Allahu Anha) regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphan girls, marry (other) women of your choice.' (Surah An-Nisa' 4: 3) 'Aishah (Radhi Allahu Anha) said, "It is about an orphan girl under the custody of her guardian who being attracted by her wealth and beauty wants to marry her with Mahr less than other women of her status. So such guardians were forbidden to marry them unless they treat them justly by giving them their full Mahr. Then the people sought the verdict of Allah's Messenger (Sallallahu Alayhi wa Sallam) for such cases, whereupon Allah revealed: 'They ask your instruction concerning women...' (Surah An-Nisa' 4:127) (The sub-narrator then mentioned the Hadith.)

Hadith Number 096.

Narrated by 'Abdullah bin 'Umar (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) said, "For every betrayer there will be a flag by which he will be recognized on the Day of Resurrection."


Hadith Number 097.

Narrated by Um Salama (Radhi Allahu Anha): The Prophet (Sallallahu Alayhi wa Sallam) said, "I am only a human being, and you people have disputes. Maybe some one amongst you can present his case in a more eloquent and convincing manner than the other, and I give my judgment in his favor according to what I hear. Beware! If ever I give (by error) somebody something of his brother's right then he should not take it as I have only, given him a piece of Fire." (See Hadith No. 638. Book 43)


Hadith Number 098.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "A virgin should not be married till she is asked for her consent; and the matron should not be married till she is asked whether she agrees to marry or not." It was asked, "O Allah's Messenger! How will she (the virgin) express her consent?" He said, "By keeping silent." Some people said, "If a virgin is not asked for her consent and she is not married, and then a man, by playing a trick presents two false witnesses that he has married her with her consent and the judge confirms his marriage as a true one, and the husband knows that the witnesses were false ones, then there is no harm for him to consummate his marriage with her and the marriage is regarded as valid."


Hadith Number 099.

Narrated by Al-Qasim: A woman from the offspring of Ja'far was afraid lest her guardian marry her (to somebody) against her will. So she sent for two elderly men from the Ansar, 'AbdurRahman and Mujammi', the two sons of Jariya, and they said to her, "Don't be afraid, for Khansa' bint Khidam (Radhi Allahu Anha) was given by her father in marriage against her will, then the Prophet (Sallallahu Alayhi wa Sallam) cancelled that marriage." (See Hadith No. 78 Book 85)


Hadith Number 100.

Narrated by Abu Harairah (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "A lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted." The people said, "How will she express her permission?" The Prophet (Sallallahu Alayhi wa Sallam) said, "By keeping silent (when asked her consent)." Some people said, "If a man, by playing a trick, presents two false witnesses before the judge to testify that he has married a matron with her consent and the judge confirms his marriage, and the husband is sure that he has never married her (before), then such a marriage will be considered as a legal one and he may live with her as husband."


Hadith Number 101.

Narrated by 'Aishah (Radhi Allahu Anha): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "It is essential to have the consent of a virgin (for the marriage). I said, "A virgin feels shy." The Prophet (Sallallahu Alayhi wa Sallam); said, "Her silence means her consent." Some people said, "If a man falls in love with an orphan slave girl or a virgin and she refuses (him) and then he makes a trick by bringing two false witnesses to testify that he has married her, and then she attains the age of puberty and agrees to marry him and the judge accepts the false witness and the husband knows that the witnesses were false ones, he may consummate his marriage."


Hadith Number 102.

Narrated by 'Aishah (Radhi Allahu Anha): Allah's Messenger (Sallallahu Alayhi wa Sallam) used to like sweets and also used to like honey, and whenever he finished the 'Asr prayer, he used to visit his wives and stay with them. Once he visited Hafsa and remained with her longer than the period he used to stay, so I enquired about it. It was said to me, "A woman from her tribe gave her a leather skin containing honey as a present, and she gave some of it to Allah's Messenger (Sallallahu Alayhi wa Sallam) to drink." I said, "By Allah, we will play a trick on him." So I mentioned the story to Sauda (the wife of the Prophet (Sallallahu Alayhi wa Sallam)) and said to her, "When he enters upon you, he will come near to you whereupon you should say to him, 'O Allah's Messenger! Have you eaten Maghafir?' (*) He will say, 'No.' Then you say to him, 'What is this bad smell? ' And it would be very hard on Allah's Messenger (Sallallahu Alayhi wa Sallam) that a bad smell should be found on his body. He will say, 'Hafsa has given me a drink of honey.' Then you should say to him, 'Its bees must have sucked from the Al-'Urfut (a foul smelling flower).' I too, will tell him the same. And you, O Saifya, say the same."

So when the Prophet (Sallallahu Alayhi wa Sallam) entered upon Sauda (the following happened). Sauda said, "By Him except Whom none has the right to be worshipped, I was about to say to him what you had told me to say while he was still at the gate because of fear from you. But when Allah's Messenger (Sallallahu Alayhi wa Sallam) came near to me, I said to him, 'O Allah's Messenger! Have you eaten Maghafir?' He replied, 'No.' I said, 'What about this smell?' He said, 'Hafsa has given me a drink of honey.' I said, 'Its bees must have sucked Al-'Urfut.' " When he entered upon me, I told him the same as that, and when he entered upon Safiya, she too told him the same. So when he visited Hafsa again, she said to him, "O Allah's Messenger! Shall I give you a drink of it (honey)?" He said, "I have no desire for it." Sauda said, Subhan Allah! We have deprived him of it (honey)." I said to her, "Be quiet!"

* Maghafir is a bad smelling resin of a tree.


Hadith Number 103.

Narrated by 'Abdullah bin 'Amir bin Rabi'a: 'Umar bin Al-Khattab (Radhi Allahu Anhu) left for Sham, and when he reached a placed called Sargh, he came to know that there was an outbreak of an epidemic (of plague) in Sham. Then 'AbdurRahman bin 'Auf (Radhi Allahu Anhu) told him that Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "If you hear the news of an outbreak of an epidemic (plague) in a certain place, do not enter that place: and if the epidemic falls in a place while you are present in it, do not leave that place to escape from the epidemic." So 'Umar returned from Sargh.


Hadith Number 104.

Narrated by 'Amir bin Sa'd bin Abi Waqqas: That he heard Usama bin Zaid (Radhi Allahu Anhu) speaking to Sa'd (Radhi Allahu Anhu), saying, "Allah's Messenger (Sallallahu Alayhi wa Sallam) mentioned the plague and said, 'It is a means of punishment with which some nations were punished and some of it has remained, and it appears now and then. So whoever hears that there is an outbreak of plague in some land, he should not go to that land, and if the plague breaks out in the land where one is already present, one should not run away from that land, escaping from the plague."


Hadith Number 105.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) said, "The one who takes back his gift is like a dog swallowing its own vomit, and we (believers) should not act according to this bad example."


Hadith Number 106.

Narrated by Jabir bin 'Abdullah (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) has decreed that preemption is valid in all cases where the real estate concerned has not been divided, but if the boundaries are established and the ways are made, then there is no preemption. A man said, "Preemption is only for the neighbor," and then he makes invalid what he has confirmed. He said, "If someone wants to buy a house and being afraid that the neighbor (of the house) may buy it through preemption, he buys one share out of one hundred shares of the house and then buys the rest of the house, then the neighbor can only have the right of preemption for the first share but not for the rest of the house; and the buyer may play such a trick in this case."


Hadith Number 107.

Narrated by 'Amr bin Ash-Sharid: Al-Miswar bin Makhrama (Radhi Allahu Anhu) came and put his hand on my shoulder and I accompanied him to Sa'd. Abu Rafi' said to Al-Miswar, "Won't you order this (i.e. Sa'd) to buy my house which is in my yard?" Sa'd said, "I will not offer more than four hundred in installments over a fixed period." Abu Rafi said, "I was offered five hundred cash but I refused. Had I not heard the Prophet (Sallallahu Alayhi wa Sallam) saying, 'A neighbor is more entitled to receive the care of his neighbor,' I would not have sold it to you." The narrator said, to Sufyan: Ma'mar did not say so. Sufyan said, "But he did say so to me." Some people said, "If someone wants to sell a house and deprived somebody of the right of preemption, he has the right to play a trick to render the preemption invalid. And that is by giving the house to the buyer as a present and marking its boundaries and giving it to him. The buyer then gives the seller one-thousand Dirham as compensation in which case the preemptor loses his right of preemption."

Narrated 'Amr bin Ash-Sharid: Abu Rafi' said that Sa'd offered him four hundred Mithqal of gold for a house. Abu Rafi' (Radhi Allahu Anhu) said, "If I had not heard Allah's Messenger (Sallallahu Alayhi wa Sallam) saying, 'A neighbor has more right to be taken care of by his neighbor,' then I would not have given it to you." Some people said, "If one has bought a portion of a house and wants to cancel the right of preemption, he may give it as a present to his little son and he will not be obliged to take an oath."


Hadith Number 108.

Narrated by Abu Humaid As-Sa'idi (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) appointed a man called Ibn Al-Lutabiyya to collect the Zakat from Bani Sulaim's tribe. When he returned, the Prophet (Sallallahu Alayhi wa Sallam) called him to account. He said (to the Prophet (Sallallahu Alayhi wa Sallam), 'This is your money, and this has been given to me as a gift." On that, Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "Why didn't you stay in your father's and mother's house to see whether you will be given gifts or not if you are telling the truth?" Then the Prophet (Sallallahu Alayhi wa Sallam) addressed us, and after praising and glorifying Allah, he said: "Amma Ba'du", I employ a man from among you to manage some affair of what Allah has put under my custody, and then he comes to me and says, 'This is your money and this has been given to me as a gift. Why didn't he stay in his father's and mother's home to see whether he will be given gifts or not? By Allah, not anyone of you takes a thing unlawfully but he will meet Allah on the Day of Resurrection, carrying that thing. I do not want to see any of you carrying a grunting camel or a mooing cow or a bleating sheep on meeting Allah." Then the Prophet (Sallallahu Alayhi wa Sallam) raised both his hands till the whiteness of his armpits became visible, and he said, "O Allah! Haven't I have conveyed (Your Message)?" The narrator added: My eyes witnessed and my ears heard (that Hadith).


Hadith Number 109.

Narrated by Abu Rafi' (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "The neighbor has more right to be taken care of by his neighbor (than anyone else)." Some men said, "If one wants to buy a house for 20,000 Dirhams then there is no harm to play a trick to deprive somebody of preemption by buying it (just on paper) with 20,000 Dirhams but paying to the seller only 9,999 Dirhams in cash and then agree with the seller to pay only one Dinar in cash for the rest of the price (i.e. 10,001 Dirhams). If the preemptor offers 20,000 Dirhams for the house, he can buy it otherwise he has no right to buy it (by this trick he got out of preemption). If the house proves to belong to somebody else other than the seller, the buyer should take back from the seller what he has paid, i.e., 9,999 Dirhams and one Dinar, because if the house proves to belong to somebody else, so the whole bargain (deal) is unlawful. If the buyer finds a defect in the house and it does not belong to somebody other than the seller, the buyer may return it and receive 20,000 Dirhams (instead of 9999 Dirham plus one Dinar) which he actually paid.' Abu 'Abdullah said, "So that man allows (some people) the playing of tricks amongst the Muslims (although) the Prophet (Sallallahu Alayhi wa Sallam) said, 'In dealing with Muslims one should not sell them sick (animals) or bad things or stolen things."


Hadith Number 110.

Narrated by 'Amr bin Ash-Sharid : Abu Rafi' (Radhi Allahu Anhu) sold a house to Sa'd bin Malik for four-hundred Mithqal of gold, and said, "If I had not heard the Prophet (Sallallahu Alayhi wa Sallam) saying, 'The neighbor has more right to be taken care of by his neighbor (than anyone else),' then I would not have sold it to you."